Legal Question in Family Law in Pennsylvania

Re: common law marriage

A legal marriage is solemnized by the state, meaning the state licenses and recognizes such marriage as a matter of law. In order to prove there was no marriage a person would have to prove that there was an underlying illegality or fraud.

A common law marriage is not solemnized by the state, the parties have no official recognition and it is only recognized by the state after application and proof. A common law marriage exists where two parties live as and hold themselves out as husband and wife for all intents and purposes. After this arrangement has existed for a number of years either or both parties can claim that a common law marriage exists. Oddly, these claims usually only appear when there is pressure on the relationship such as where the relationship is broken and the parties wish to "divorce." Many times it occurs when there is a tragedy and a spouse needs medical care or legal assistance.

As a rule an attorney should recommend that a marriage be solemnized by the state. This provides the best protection for both parties in terms of all legal rights. If there is a common law marriage then those rights are in question at a time when the parties are least likely to wish to devote time and attention to that issue.

Moreover, common law marriages post a bear of a problem with regard to estate law should one party predecease the other and there are multiple claims on an estate.

Hope this helps.

Regards,

Roger Traversa

email: [email protected]